Judge reserves Kite St decision

By
NICOLE KUTER

ORANGE City Council hopes the Land and Environment Court will uphold its decision to allow the owners of 48 Kite Street to build a garage at the front of the property.

ORANGE City Council hopes the Land and Environment Court will uphold its decision to allow the owners of 48 Kite Street to build a garage at the front of the property.

Council voted in December to uphold the recommendation to allow the garage, despite protests from neighbours Scott Gillbank and Margaret Audley.

As a result, the proponents took the issue to the Land and Environment Court.

The case was heard on Wednesday, Thursday and Friday, however a decision from the judge is reserved. The date for a decision is not known.

Orange City Council spokesman Nick Redmond said it was difficult to determine the consequences if the decision did not go council’s way.

“If the decision goes against, council will deal with that bridge if we get to it,” he said.

Mr Gilbank, who owns Mena at 50 Kite Street, said he had concerns the construction would lead to more stormwater run-off across his property.

He was also worried about the garage’s impact on the streetscape.

Mrs Audley, at 46 Kite Street, was concerned the garage would block her view of Cook Park and overshadow her property.

Council staff recommended the development be approved, despite the location of the garage contradicting the area’s development control plan.

Garages on surrounding houses are typically at the back of the properties, but in their initial report council staff argued that the setback and appearance of the proposed garage made a departure from its guidelines acceptable.